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Statutes of Newfoundland 1997

CHAPTER 13

CHAPTER 13

AN ACT TO REMOVE ANOMALIES AND ERRORS IN THE STATUTE LAW

(Assented to May 20, 1997)

Analysis

1. Short title

2. Aquaculture Act

3. Assessment Act

4. Buildings Accessibility Act

5. Chiropractors Act

6. City of St. Johns Act

7. Conditional Sales Act

8. Condominium Act

9. Conflict of Interest Act

10. Conflict of Interest Act, 1995

11. Corporations Act

12. Crop Insurance Act

13. Dangerous Goods Transportation Act

14. Day Care and Homemaker Services Act

15. Dental Act

16. Denturists Act

17. Dispensing Opticians Act

18. Embalmers and Funeral Directors Act

19. Enduring Powers of Attorney Act

20. Executive Council Act

21. Financial Administration Act

22. Financial Corporations Capital Tax Act

23. Fish Inspection Act

24. Forestry Act

25. Gasoline Tax Act

26. Government Money Purchase Pension Plan Act

27. Health and Post-Secondary Education Tax Act

28. Hearing Aid Dealers Act

29. Highway Traffic Act

30. Horse Racing Regulation and Tax Act

31. An Act to Amend the Hydro Corporation Act, the Electrical Power Control Act, 1994 and other Acts

32. Hydro Corporation Act

33. Income Tax Act

34. Interprovincial Subpoena Act

35. Legal Aid Act

36. Limitations Act

37. Liquor Control Act

38. Livestock Insurance Act

39. Medical Act

40. Medical Care Insurance Act

41. Members of the House of Assembly Pensions Act

42. Memorial University Act

43. Memorial University Pensions Act

44. Mineral Act

45. Mining and Mineral Rights Tax Act

46. Motor Carrier Act

47. Motorized Snow Vehicles and All-Terrain Vehicles Act

48. Municipalities Act

49. Occupational Health and Safety Act

50. Occupational Therapists Act

51. Optometry Act

52. Petroleum and Natural Gas Act

53. Private Training Institutions Act

54. Professional Fish Harvesters Act

55. Provincial Offences Act

56. Provincial Parks Act

57. Psychologists Act

58. Public Service Pensions Act, 1991

59. Public Utilities Act

60. Quarry Materials Act

61. Radiation Health and Safety Act

62. Regulatory Reform Act

63. Residential Tenancies Act

64. Retail Sales Tax Act

65. Securities Act

66. Sheriffs Act, 1991

67. Small Claims Act

68. Social Workers Association Act

69. Solemnization of Marriage Act

70. Subordinate Legislation Revision and Consolidation Act

71. Tax Agreement Act

72. Teachers Pensions Act

73. Tobacco Tax Act

74. Uniformed Services Pensions Act, 1991

75. Urban and Rural Planning Act

76. Veterinary Medical Act

77. Wild Life Act

78. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

1.This Act may be cited as the Attorney General Statutes Amendment Act, 1997.

RSN1990 cA-13 as amended

2.(1) Paragraph 11(c) of the Aquaculture Act is repealed and the following substituted:

(c) prescribing the information to be provided and the procedures to be followed in applying for

(i) an aquaculture licence,

(ii) an approval to introduce, transfer or transport aquatic plants or animals, and

(iii) another licence, permission or approval required by this Act or the regulations;

(2) Paragraph 11(s) of the Act is amended by striking out the words "fee or".

(3) Paragraph 11(t) of the Act is amended by striking out the comma immediately before the phrase and the phrase "the Registrar of Aquaculture, the fees to be charged those inspecting the records kept by the registrar" and substituting the words "the Registrar of Aquaculture".

(4) The Act is amended by adding immediately after section 11 the following:

Fees and forms

11.1 The minister may set fees and prescribe forms for the purpose and administration of this Act.

(5) Subsection 13.1(10) of the Act is amended by striking out the word "regulation" and substituting the words "the minister".

RSN1990 cA-18 as amended

3.The Assessment Act is amended by striking out the phrase "in a form prescribed by the regulations" wherever it occurs and substituting the phrase "in the form prescribed by the minister".

RSN1990 cB-10 as amended

4.(1) Section 16 of the Buildings Accessibility Act is amended by striking out the words "the regulations" and substituting the words "as prescribed by the minister".

(2) Section 31 of the Act is repealed and the following substituted:

Fees

31. The minister may set fees for the purpose of this Act.

RSN1990 cC-14 as amended

5.(1) Section 15 of the Chiropractors Act is amended by repealing paragraphs (c) and (d).

(2) The Act is amended by adding immediately after section 15 the following:

Fees and forms

15.1 The board may set fees and prescribe forms for the purpose and administration of this Act.

(3) Section 23 of the Act is repealed.

(4) Subsection (3) is considered to have come into force on April 1, 1996.

RSN1990 cC-17 as amended

6.(1) Paragraph 340.5(6)(g) of the City of St. Johns Act is amended by striking out the words "TheSummary Proceedings Act" and substituting the words "the Provincial Offences Act".

(2) Section 340.6 of the Act is amended by numbering the first subsection as subsection (1).

RSN1990 cC-28 as amended

7.(1) Section 5 of the Conditional Sales Act is amended by adding immediately after subsection (4) the following:

(5) A conditional sale takes effect against a creditor or a subsequent purchaser or mortgagee only from the time of its registration.

(2) Section 7 of the Act is repealed and the following substituted:

Goods brought into province

7. Notwithstanding subsection 6(1), where goods are brought into the province and are subject to an agreement made or executed outside the province that provides that the right of property in the goods or the right of possession of the goods remains in the seller notwithstanding that the actual possession of the goods passes to the buyer, then unless

(a) the agreement contains such a description of the goods that they may readily and easily be known and distinguished; and

(b) a copy of the agreement is filed in the registry after the seller has received notice of the place to which the goods have been brought,

the seller is not entitled to set up a right of property in or right of possession of the goods as against a creditor or as against a subsequent purchaser or mortgagee claiming from or under the buyer in good faith for valuable consideration without notice and the buyer shall, notwithstanding the agreement, be considered as against such a person to be the owner of the goods.

(3) Subsection 15(4) of the Act is repealed and the following substituted:

(4) In addition to complying with section 5, the seller or his or her agent shall sign and file with the Registrar of Deeds, a notice in the form required by the registrar setting out

(a) the name and address of the seller;

(b) the name and address of the buyer;

(c) a description of the goods by which they may readily be known and distinguished; and

(d) the name and address of the owner of the land to which the goods are to be affixed and a description of the land.

(4) Section 15 of the Act is further amended by adding the following immediately after subsection (4):

(4.1) The notice filed under subsection (4) shall be accompanied by a true copy of the conditional sale agreement.

(5) Subsections (1), (2) and (3) are considered to have come into force on June 18, 1996.

RSN1990 cC-29 as amended

8.Subsection 12(8) of the Condominium Act is amended by striking out the number "20" wherever it occurs and substituting the number "19".

RSN1990 cC-30 as amended

9.(1) Subsection 3(1) of the Conflict of Interest Act is amended by striking out the word "regulations" where it first appears and substituting the word "minister".

(2) Paragraph 8(a) of the Act is repealed.

(3) The Act is amended by adding immediately after section 8 the following:

Forms

8.1 The minister may prescribe forms for the purpose of this Act.

SN1995 cC-30.1

10.(1) Subparagraph 2(1)(d)(iii) of the Conflict of Interest Act, 1995 is amended by striking out the word "officer" wherever it occurs and substituting the word "office".

(2) Subparagraph 2(1)(g)(i) of the Act is amended by striking out the word "and" and substituting the words and comma "designated by statute, or".

(3) Paragraph 2(1)(i) of the Act is amended by striking out the word "member" wherever it occurs and substituting the words "public office holder".

(4) Subsection 8(1) of the Act is amended by striking out the word "government" and substituting the word "Crown".

(5) Paragraph 14(2)(a) of the Act is amended by striking out the words "Public Service Commission" and substituting the words "Treasury Board".

(6) Subsection 19(1) of the Act is amended by striking out the words "or minister of the Crown" and substituting the words "of the Crown with which he or she was employed within the previous year".

RSN1990 cC-36 as amended

11.(1) Paragraph 12(1)(c) of the Corporations Act is amended by striking out the word "a" wherever it occurs and substituting the word "any".

(2) Subsection 331(1) of the Act is amended by striking out the phrase "section 411 or 456 or The Companies Act," and the comma immediately before that phrase and substituting the words and number "and section 461".

RSN1990 cC-39 as amended

12.(1) Subsection 10(2) of the Crop Insurance Act is amended by striking out the words "an insured person" and substituting the words "engaged in the production of an insurable crop".

(2) Subsection 10.1(5) of the Act is amended by renumbering it as subsection 10.1(4).

RSN1990 cD-1 as amended

13.Subsection 6(3) of the Dangerous Goods Transportation Act is amended by striking out the phrase "section 14 of the Summary Proceedings Act" and substituting the words "Part II of the Provincial Offences Act".

RSN1990 cD-2

14.(1) Subsection 8(2) of the Day Care and Homemaker Services Act is amended by adding immediately after the word "form" the words "prescribed by the board".

(2) Paragraph 19(a) of the Act is amended by striking out the words "forms to be used for the purpose of this Act or the regulations and".

(3) The Act is amended by adding immediately after section 19 the following:

Fees and forms

19.1 The minister may set fees and prescribe forms for the purpose and administration of this Act.

RSN1990 cD-6 as amended

15.(1) Paragraphs 20(d) and (j) of the Dental Act are repealed.

(2) Paragraph 21(c) of the Act is repealed and the following substituted:

(c) providing for the registration and licensing or certification of members of each class of dental auxiliaries;

(3) The Act is amended by adding immediately after section 21 the following:

Fees and forms

21.1 The board may set fees and prescribe forms for the purpose and administration of this Act.

(4) Section 22 of the Act is amended by striking out the phrase "by the regulations".

(5) Section 23 of the Act is amended by striking out the phrase "under paragraph 20(d)" and substituting the phrase "under section 21.1".

RSN1990 cD-7 as amended

16.(1) Section 14 of the Denturists Act is amended by repealing paragraphs (e) and (f) and substituting the following:

(f) providing for, giving notice of and holding examinations of persons seeking to be licensed as denturists and prescribing the content and nature of the examinations;

(2) The Act is amended by adding immediately after section 14 the following:

Fees and forms

14.1 The board may set fees for the purpose of this Act.

RSN1990 cD-25

17.(1) Paragraphs 10(c) and (d) of the Dispensing Opticians Act are repealed.

(2) The Act is amended by adding immediately after section 10 the following:

Fees and forms

10.1 The board may set fees and prescribe forms for the purpose and administration of this Act.

RSN1990 cE-7 as amended

18.(1) Section 11 of the Embalmers and Funeral Directors Act is amended by repealing paragraphs (d) and (e) and substituting the following:

(e) providing for and holding examinations of persons seeking to be licensed as embalmers and prescribing the content and nature of those examinations;

(2) The Act is amended by adding immediately after section 11 the following:

Fees and forms

11.1 The board may set fees and prescribe forms for the purpose and administration of this Act.

(3) Subsection 14(1) of the Act is amended by striking out the words "licence fee prescribed for funeral directors by the regulations" and substituting the words "prescribed licence fee".

(4) Subsection 14(2) of the Act is amended by striking out the words "licence fee prescribed for embalmers by the regulations" and substituting the words "prescribed licence fees".

RSN1990 cE-11

19.Subsection 9(1) of the Enduring Powers of Attorney Act is amended by striking out the word "donor" where it first appears and substituting the word "donee".

SN1995 cE-16.1

20.Paragraph 2(a) of the Executive Council Act is amended by striking out the word "executive".

RSN1990 cF-8 as amended

21.(1) Section 22.2 of the Financial Administration Act is repealed and the following substituted:

Reimbursement under tax agreement

22.2 A refund, rebate or reimbursement of an amount equal to tax paid by a recipient under Part IX of the Excise Tax Act (Canada) and referred to in the Tax Agreement Act or provided for in the agreement referred to in the Tax Agreement Act, shall be considered to be a reduction of the revenue which would otherwise be payable to the province in accordance with that agreement or the Tax Agreement Act.

(2) Subsection (1) is considered to have come into force on April 1, 1997.

(2) Paragraph 62(1)(c) of the Act is amended by striking out the words "or other prescribed form".

(3) Paragraph 62(1)(d) of the Act is amended by striking out the words "and prescribing the forms to be used for this purpose".

(4) Paragraph 62(1)(h.1) of the Act is amended by striking out the words and comma "the forms," and substituting the word "the".

(5) The Act is amended by adding immediately after section 62 the following:

Forms

63. The minister may prescribe forms for the purpose of this Act.

RSN1990 cF-12 as amended

23.(1) Paragraph 4(1)(d) of the Fish Inspection Act is amended by adding immediately after the semicolon the word "and".

(2) Paragraph 4(1)(e) of the Act is repealed.

(3) The Act is amended by adding immediately after section 4 the following:

Fees

4.1 The minister may set fees for the purpose of this Act.

RSN1990 cF-23 as amended

24.(1) Paragraphs 38(d), (j) and (l) of the Forestry Act are repealed.

(2) Paragraph 38(m) of the Act is repealed and the following substituted:

(m) prescribing the conditions to be applied to a timber purchase licence;

(3) Subsection 42(1) of the Act is amended by striking out the word "regulations" and substituting the word "minister".

(4) Paragraph 86(1)(e) of the Act is amended by striking out the words "the form in and".

(5) Paragraph 86(1)(i) of the Act is repealed.

(6) Section 131 of the Act is amended by striking out the word "regulations" and substituting the word "minister".

(7) Subsection 136(4) of the Act is amended by striking out the words "the regulations" and substituting the words "him or her".

(8) Subsection 136(6) of the Act is repealed and the following substituted:

(6) The minister may recover fees and expenses payable under this Act as a debt due to the Crown.

(9) Paragraphs 141(a), (b) and (e) of the Act are repealed.

(10) The Act is amended by adding immediately after section 147 the following:

Fees and forms

147.1 The minister may set fees and prescribe forms for the purpose and administration of this Act.

RSN1990 cG-1 as amended

25.(1) Section 16 of the Gasoline Tax Act is amended by striking out the word "regulations" and substituting the words "the minister".

(2) Subsection 17.1(2) of the Act is amended by adding immediately after the word "fee" the words "prescribed by the minister".

(3) Subsection 48(1) of the Act is amended by

(a) striking out the words "form and" in paragraph (c);

(b) striking out the words "form of application and" in paragraph (e.1);

(c) repealing paragraph (e.3);

(d) striking out the word and comma "forms," wherever it occurs in paragraph (e.5);

(e) repealing paragraph (f) and substituting the following:

(f) prescribing the date before which all applications for licences may be made and the expiry date of licences;

(f) striking out the words "form and" and the words "the fees for them" in paragraph (k);

(g) striking out the phrase "the forms," in paragraph (m.1);

(h) repealing paragraph (q); and

(i) striking out the words "and form" in paragraph (z).

(4) The Act is amended by adding immediately after section 48 the following:

Fees and forms

48.1 The minister may set fees and prescribe forms for the purpose and administration of this Act.

(5) Paragraph 67(b) of the Act is amended by adding immediately after the word "form" the words "prescribed by the minister and".

RSN1990 cG-6 as amended

26.(1) Paragraph 2(k) of the Government Money Purchase Pension Plan Act is repealed and the following substituted:

(k) "participating employer" means

(i) the government of the province,

(ii) a Crown corporation, agency or board of the province designated by a directive of the minister, or

(iii) a nonprofit public organization with close affiliations with the province whose primary function is to provide public services which would normally be provided by the province and which has been designated as an eligible participant by a directive of the minister or which has been included in Schedule B;

(2) Subsection 4(1) of the Act is repealed and the following substituted:

Deduction amounts

4. (1) Each employee who participates in the plan shall contribute to it an amount equal to 5% of the employees earnings or a greater amount that may be established by a directive of the minister.

(3) The Act is further amended by adding immediately after section 11 the following:

Ministerial directive

11.1 The minister may issue directives

(a) amending the Schedules to this Act;

(b) designating a class of persons to be included as employees for the purpose of this Act;

(c) excluding a class of persons from the application of this Act; and

(d) generally, for the purpose of this Act.

RSN1990 cH-1 as amended

27.(1) Paragraph 32(a) of the Health and Post-Secondary Education Tax Act is repealed.

(2) Paragraph 32(f) of the Act is amended by striking out the words and comma "the forms, documents" and substituting the words and comma "the documents,".

(3) The Act is amended by adding immediately after section 32 the following:

Fees and forms

32.1 The minister may set fees and establish forms for the purpose and administration of this Act.

RSN1990 cH-2 as amended

28.(1) Paragraphs 19(b) and (c) of the Hearing Aid Dealers Act are repealed.

(2) The Act is amended by adding immediately after section 19 the following:

Fees and forms

19.1 The board may set fees and prescribe forms for the purpose and administration of this Act.

RSN1990 cH-3 as amended

29.(1) Section 16.1 of the Highway Traffic Act is amended by striking out the words "in right of the province" and by striking out the words "for an offence commenced by means of a ticket".

(2) Paragraph 48(1)(k.1) of the Act is amended by striking out the words "in right of the province".

(3) Subsection 65(1) of the Act is amended by adding immediately after the number "252" a comma and the number "253".

RSN1990 cH-6 as amended

30.(1) Section 17 of the Horse Racing Regulation and Tax Act is amended by

(a) striking out the words "and prescribing the amount of the fees to be paid and the form in" in paragraph (e);

(b) striking out the words "forms and" in paragraph (l); and

(c) striking out the word and comma "forms," in paragraph (m.2).

(2) The Act is amended by adding immediately after section 17 the following:

Fees and forms

17.1 The minister may set fees and prescribe forms for the purpose and administration of this Act.

SN1995 c37

31.(1) Section 13 of An Act to Amend the Hydro Corporation Act, the Electrical Power ControlAct, 1994 and other Acts is amended by striking out the subsection reference "(4)" and the section reference and comma "47,".

(2) Section 14 of the Act is amended by striking out the words and number "Section 47 and subsection" and substituting the word "Subsection" and by striking out the word "their" and substituting the word "its".

(3) Subsections (1) and (2) are considered to have come into force on April 1, 1996.

RSN1990 cH-16 as amended

32.Section 29 of the Hydro Corporation Act is amended by striking out the phrase "and the signature of the Minister of Finance" and substituting the phrase "his or her deputy minister or another minister who the Lieutenant-Governor in Council may designate, and that signature".

RSN1990 cI-1 as amended

33.(1) Subsection 7(1) of the Income Tax Act is repealed and the following substituted:

Capital gains refund to mutual fund corporations

7. (1) Where an amount is to be refunded to a corporation in respect of a taxation year, under section 131 of the Federal Act, the minister shall at the time and in the manner that is provided in that section, refund to the corporation an amount, in this section referred to as its "capital gains refund" for the year, equal to the least of

(a) that proportion of the amount of the refund for the year calculated under subsection 131(2) of the Federal Act that

(i) the percentage referred to in subsection 6(1) for the year

is of

(ii) the percentage referred to in subsection 131(6) of the Federal Act related to refundable capital gains tax on hand for the year;

(b) the product of the percentage referred to in subsection 6(1) by its taxed capital gains within the meaning assigned to that expression in subsection 130(3) of the Federal Act for the year;

(c) the product of the percentage referred to in subsection 6(1) by its taxable income for the year; and

(d) the tax otherwise payable by the corporation under this Act for the year.

(2) Section 9 of the Act is amended by adding immediately after subsection (3) the following:

(3.1) Where a corporation has a taxation year, part of which is in 1992 and part of which is in 1993, for the purpose of subsection (3), the deduction from tax otherwise payable under that subsection shall be calculated

(a) by dividing the taxation year into 2 notional taxation years, the first ending on December 31, 1992 and the second beginning on January 1, 1993; and

(b) by apportioning the amount deductible between the 2 notional taxation years proportionally according to the number of days in each,

and the sum of the amounts determined under paragraphs (a) and (b) is the total amount deductible in respect of that taxation year.

(3) This section is considered to have come into force on January 1, 1993.

RSN1990 cI-20

34.(1) Paragraph 2(a) of the Interprovincial Subpoena Act is amended by adding immediately after the word "Canada" the phrase "or another board, commission, tribunal or other body of another province of Canada that is designated as a court under section 10".

(2) The Act is amended by adding immediately after section 9 the following:

Designation as court

10. The Lieutenant-Governor in Council may designate a board, commission, tribunal or other body of another province of Canada which has the power to issue a subpoena, as a court for the purpose of this Act.

RSN1990 cL-11 as amended

35.Subsection 31(8) of the Legal Aid Act is amended by striking out the word "party" and substituting the word "person".

SN1995 cL-16.1 as amended

36.(1) Subsection 18(2) of the Limitations Act is repealed.

(2) This section shall come into force on June 1, 1997.

RSN1990 cL-18 as amended

37.(1) Sections 31 and 35 of the Liquor Control Act are amended by striking out the words "in the regulations" wherever they occur and substituting the words "by the minister".

(2) Paragraphs 49(5)(a) and (b) of the Act are amended by striking out the phrase "section 10 of the Summary Proceedings Act" and substituting the phrase "section 14 of the Provincial OffencesAct".

(3) Subsection 59(3) of the Act is amended by striking out the words "in the regulations" and the words "by the regulations" and substituting the words "by the minister".

(4) Paragraph 61(1)(c) of the Act is amended by striking out the comma immediately before the words and the words "forms to be used for the purpose of this Act or the regulations".

(5) Paragraph 61(1)(h) of the Act is amended by striking out the comma immediately before the words and the words "and prescribe the fees payable by applicants".

(6) Paragraph 61(1)(l) of the Act is repealed and the following substituted:

(l) prescribe reports to be made to the board by holders of permits and licences;

(7) Paragraph 61(1)(o) of the Act is repealed.

(8) The Act is amended by adding immediately after section 61 the following:

Fees and forms

61.1 The minister may set fees and prescribe forms for the purpose and administration of this Act.

RSN1990 cL-23 as amended

38.Subsection 11.1(5) of the Livestock Insurance Act is amendedby renumbering it as subsection 11.1(4).

RSN1990 cM-4 as amended

39.(1) Section 13 of the Medical Act is amended by repealing paragraph (h) and by striking out the word "fees" in paragraph (m).

(2) The Act is amended by adding immediately after section 13 the following:

41.(1) Subparagraph 2(f)(ii) of the Members of the House of Assembly Pensions Act is repealed and the following substituted:

(ii) in the case of a member the amount prescribed in a policy directive of the minister;

(2) Subsection 9(2) of the Act is amended by striking out the words "prescribed by the regulations" and substituting the words "prescribed in a directive of the minister".

(3) Subsection 19(2) of the Act is amended by striking out the words "prescribed by the regulations" and substituting the words "prescribed in a directive of the minister".

(4) Subsection 19(3) of the Act is amended by striking out the words "prescribed by regulation" and substituting the words "prescribed in a directive of the minister".

(5) Section 28 of the Act is repealed and the following substituted:

Procedure for elections

28. Each election required to be made under this Act shall be made to the Minister of Finance and shall be considered to be made when the election, signed by the member or minister, is delivered to the Minister of Finance.

(6) Subsections 29(3) and (4) of the Act are repealed and the following substituted:

(3) The government of the province shall pay out of the Consolidated Revenue Fund and pay into the fund

(a) an amount equal to the contributions of each member and minister under this Act; or

(b) an amount that the minister may set by a directive.

(7) The Act is further amended by adding the following immediately after section 34:

Directives

35. The minister may issue directives for the purpose of this Act.

RSN1990 cM-7 as amended

42.(1) Subsection 35(7) of the Memorial University Act is amended by adding the word "and" immediately after the semicolon in paragraph (a) and by repealing paragraph (b).

(2) The Act is amended by adding immediately after section 35.1 the following:

Fees

35.2 The board may prescribe fees for the purpose of section 35.

RSN1990 cM-8 as amended

43.(1) Subsection 19(3) of the Memorial University Pensions Act is repealed and the following substituted:

(3) The cost of buying pensionable service is based on the formula approved by the board in a policy directive under section 29.1.

(2) The Act is further amended by adding immediately after section 29 the following:

Policy directives

29.1 Subject to the approval of the minister, the board may issue policy directives to give effect to this Act including directives setting conditions under which an employee or a person about to become an employee may purchase service which shall be counted as pensionable service.

Integration with Canada Pension Plan

29.2 (1) The Minister of Finance may integrate the operation and effect of this Act with the Canada Pension Plan and may issue directives for that purpose, including directives

(a) authorizing and requiring the appropriation from sums contributed by an employee under this Act the whole or a part of those sums that may be required to be paid by an employee under the Canada Pension Plan;

(b) authorizing and requiring the appropriation, from the sums paid into the fund under this Act from a source other than that referred to in paragraph (a), the whole or a part of those sums that may be required to be paid by an employer under the Canada Pension Plan;

(c) requiring contributions from an employee where those contributions are required under the Canada Pension Plan and are not required under this Act;

(d) authorizing and requiring payments by the Minister of Finance from the Consolidated Revenue Fund where those payments are required under the Canada Pension Plan and are not appropriated under paragraph (b);

(e) varying the sums required to be paid by an employee or by the Minister of Finance into the fund;

(f) varying the amount of payments, allowances or other sums, except a sum referred to in paragraph (g), provided by this Act to be paid to an employee or to the employees surviving spouse or children or other persons on the retirement or death of an employee or on that employee ceasing to be an employee; and

(g) varying the amount to be refunded to an employee or his or her personal representatives under this Act by an amount not greater than the amount allocated or paid in respect of the employee under the Canada Pension Plan,

provided that the payments payable to an employee, his or her surviving spouse or dependents under this Act by this section taken with the payments under the Canada Pension Plan, shall not be less than what they would be under this Act had this section not been enacted, and the board may deduct from the employees salary the sums required to implement a directive.

(2) A directive issued under this section may provide for exempting a person or class of persons from the application of this section or of a directive issued under this section.

RSN1990 cM-12 as amended

44.(1) Subsection 2(1) of the Mineral Act is amended by adding, after the semi-colon at the end of paragraph (g), the word "and", by striking out the semicolon and the word "and" at the end of paragraph (h) and substituting a period and by repealing paragraph (i).

(2) Paragraph 2(2)(a) of the Act is amended by striking out the words "or a reserved area licence".

(3) Subsection 6(1) of the Act is amended by striking out the word "regulation" and substituting the words "the minister".

(4) Subsection 7(1) of the Act is repealed and the following substituted:

Classification of lands

7. (1) This Act applies to lands which are lands open to staking, that is to say, lands in respect of which the recorder has a duty to issue to a person with respect to the minerals in, on or under those lands

(a) a ground staked licence; or

(b) a map staked licence,

if the provisions of this Act and the regulations for issuing of either or both of these licences are complied with.

(5) Subsection 7(3) and sections 8 and 10 of the Act are repealed.

(6) Subsection 17(3) of the Act is amended by striking out the word "regulation" where it first occurs and substituting the words "the minister".

(7) Subsection 17(4) of the Act is amended by striking out the word "regulation" and substituting the word "the minister".

(8) Section 20 of the Act is repealed and the following substituted:

Right to licences

20. A natural person, 19 years of age or more, and a corporation have the right to obtain a ground staked licence and map staked licence to land open to staking.

(9) Paragraph 21(1)(b) of the Act is amended by striking out the word "regulation" and substituting the words "the minister".

(10) Paragraph 21(1)(c) of the Act is amended by striking out the words "or reserved area licence".

(11) Subsection 21(2) of the Act is amended by striking out the words "or a reserved area licence".

(12) Subsection 23(1) of the Act is repealed and the following substituted:

Exclusive right to explore

23. (1) Subject to the terms under which a licence is issued, the licensee has the exclusive right to explore for minerals, in, on or under the area of land described in the licence from the date of issuing for the period of 5 years.

(13) Subsection 25(2) of the Act is repealed.

(14) Subsection 28(1) of the Act is amended by striking out the word "regulation" and substituting the words "the minister".

(15) Subsection 29(1) of the Act is amended by striking out the word "regulation" and substituting the words "the minister".

(16) Paragraph 41(a) of the Act is repealed and the following substituted:

(a) governing in the manner of registration required under section 6;

(17) Subparagraph 41(e)(i) is repealed.

(18) Subparagraph 41(e)(iii) is amended by striking out the words "and reserved area licences".

(19) Paragraph 41(k) of the Act is amended by striking out the words "form and" and by substituting the word "the".

(20) Paragraph 41(l) of the Act is repealed and the following is substituted:

(l) respecting the extension of licences;

(21) The Act is amended by adding immediately after section 41.1 the following:

Fees and forms

41.2 The minister may set fees and prescribe forms for the purpose and administration of this Act.

RSN1990 cM-16 as amended

45.(1) Subsection 13(1) of the Mining and Mineral Rights Tax Act is amended by striking out the comma and adding the words "prescribed by the minister and in the".

(2) Paragraph 34(1)(b) of the Act is amended by striking out the word and comma "forms,".

(3) Section 34 of the Act is amended by adding immediately after subsection (2) the following:

(3) Notwithstanding subsection (2), regulations made under subsection (1) and gazetted on or before July 1, 1997 may be made with retroactive effect to a date stated in the regulations of more than 12 months before their date of publication in the Gazette but in no case shall those regulations be retroactive to before January 1, 1995.

(4) The Act is amended by adding immediately after section 34 the following:

Fees and forms

35. The minister may prescribe forms for the use in the administration of this Act.

RSN1990 cM-19 as amended

46.Subsection 34(6) of the Motor Carrier Act is amended by striking out the words "SummaryProceedings Act" and substituting the words "Provincial Offences Act".

RSN1990 cM-20 as amended

47.(1) Subsections 3(2) and 7(2) of the Motorized Snow Vehicles and All-Terrain Vehicles Act are amended by striking out the words "in the regulations" wherever they occur and substituting the words "by the minister".

(2) Paragraphs 21(1)(e) and (g) of the Act are repealed.

(3) Paragraph 21(1)(h) of the Act is amended by striking out the words and comma "the form of them, the fee for issuing".

(4) Paragraphs 21(1)(i) and (m) of the Act are repealed.

(5) The Act is amended by adding immediately after section 21 the following:

Fees and forms

21.1 The minister may set fees and prescribe forms for the purpose and administration of this Act.

RSN1990 cM-23 as amended

48.(1) Paragraph 219(a) of the Municipalities Act is amended by striking out the number "219" and substituting the number "217".

(2) Section 652 of the Act is amended by striking out the word "and" at the end of paragraph (l), by striking out the period at the end of paragraph (m) and substituting a semicolon and the word "and" and by adding immediately after paragraph (m) the following:

(n) for the effective carrying out of the provisions of this Part.

RSN1990 cO-3 as amended

49.(1) Paragraphs 65(1)(v) and (x) of the Occupational Health and Safety Act are repealed.

(2) The Act is amended by adding immediately after section 66 the following:

Fees and forms

66.1 The minister may set fees and prescribe forms for the purpose and administration of this Act.

RSN1990 cO-4

50.(1) Paragraphs 12(b) and (c) of the Occupational Therapists Act are repealed.

(2) The Act is amended by adding immediately after section 12 the following:

Fees and forms

12.1 The board may set fees and prescribe forms for the purpose and administration of this Act.

RSN1990 cO-7 as amended

51.(1) Paragraphs 26(f) and (m) of the Optometry Act are repealed.

(2) The Act is amended by adding immediately after section 26 the following:

Fees and forms

26.1 The board may set fees and prescribe forms for the purpose and administration of this Act.

(3) Section 27 of the Act is amended by striking out the word "regulations" and substituting the word "board".

(4) Section 28 of the Act is amended by striking out the word "regulations" and substituting the word "board".

(5) Section 30 of the Act is amended by striking out the citation "paragraph 26(f)" and substituting the citation "section 26.1".

RSN1990 cP-10 as amended

52.(1) Paragraph 9(d) of the Petroleum and Natural Gas Act is amended by striking out the comma immediately before the words and the words "the forms".

(2) Paragraph 9(i) of the Act is amended by striking out the words "fees and".

(3) The Act is amended by adding immediately after section 9 the following:

Fees and forms

9.1 The minister may set fees and prescribe forms for the purpose and administration of this Act.

(4) Paragraph 17(l) of the Act is repealed.

(5) Section 41 of the Act is amended by striking out the words "form and".

RSN1990 cP-25

53.(1) Section 19 of the Private Training Institutions Act is amended

(a) at paragraph (d) by striking out the words "and prescribing the amounts";

(b) at paragraph (r) by striking out the words "and prescribing fees for the examination and certificate";

(c) by adding the word "and" immediately after paragraph (s);

(d) by striking out the semicolon and the word "and" at the end of paragraph (t) and adding a period; and

(e) by repealing paragraph (u).

(2) The Act is amended by adding immediately after section 19 the following:

Fees and forms

19.1 The minister may set fees and prescribe forms for the purpose and administration of this Act.

SN1996 cP-26.1

54.Subsection 19(5) of the Professional Fish Harvesters Act is amended by adding immediately before the word "board" wherever it occurs, the word "appeal".

SN1995 cP-31.1

55.(1) Paragraph 2(1)(c) of the Provincial Offences Act is amended by adding immediately after the words "Part II" the phrase "and section 37".

(2) Subsection 21(5) of the Act is amended by striking out the words "unless it is a mandatory period of imprisonment or imprisonment in default of payment of the fine".

(3) Subsection 23(4) of the Act is amended by striking out the words "unless it is a mandatory minimum period of imprisonment or imprisonment in default of payment of the fine".

(4) Section 56 of the Act is amended by renumbering it as section 55.

RSN1990 cP-32

56.(1) Subsection 4(1) of the Provincial Parks Act is amended by striking out the word "proclamation" where it twice occurs and substituting the word "order".

(2) Subsection (1) is considered to have come into force on November 8, 1996.

RSN1990 cP-34 as amended

57.(1) Paragraph 8(1)(c) of the Psychologists Act is amended by striking out the words "under this Act and the regulations" and substituting the words "prescribed by the board".

(2) Paragraph 17(e) of the Act is repealed.

(3) The Act is amended by adding immediately after section 17 the following:

Fees

17.1 The board may set fees for the purpose of this Act.

(4) Section 18 of the Act is amended by striking out the citation "17(e)" and substituting the citation "17.1"

SN1991 c12 as amended

58.(1) Paragraph 2(d) of the Public Service Pensions Act, 1991 is repealed and the following substituted:

(d) "employee" means a person

(i) who is employed on a full-time basis by the government of the province and paid a salary out of public funds voted by the Legislature, or

(ii) who is included by a directive made under section 34,

but does not include a contractual employee or a person who is specifically excluded from participation in the pension plan by or under this Act;

(2) Paragraph 2(o) of the Act is repealed and the following substituted:

(o) "prescribed" means, except where the context otherwise requires, prescribed by a directive of the minister;

(3) Paragraph 3(2)(a) of the Act is repealed and the following substituted:

(a) is excluded from this Act by a directive of the minister;

(4) Section 4 of the Act is amended by striking out the words "and the regulations".

(5) Paragraph 6(2)(a) of the Act is amended by striking out the words "or the regulations" and substituting the words "or a directive of the minister".

(6) Subsection 6(3) of the Act is repealed and the following substituted:

(3) The employers of those persons included in the pension plan under an Act of the Legislature or by a directive made under section 34 shall pay into the pension fund

(a) an amount equal to the contributions of their employees under this Act unless otherwise directed by this Act or a directive of the minister; and

(b) an additional amount that may be prescribed.

(7) Subsection 6.1(3) of the Act is amended by striking out the words "by regulation".

(8) Subsection 32(4) of the Act is repealed and the following substituted:

(4) Where the court orders a division of a pension earned during the marriage or a marriage contract or separation agreement provides for the division of a pension earned during the marriage, the division of the pension shall be made as prescribed under this Act.

(9) Subsection 34(1) of the Act is amended by striking out the words "The Lieutenant-Governor in Council may by regulations" and substituting the words "The minister may by a directive".

(10) Subsection 34(2) of the Act is amended by striking out the words "Regulations made under this section" and substituting the words "A directive issued under this section".

(11) The Act is amended by adding immediately after section 34 the following:

Directives of minister

34.1 The minister may issue directives to give effect to the purpose of this Act.

(12) Section 40 of the Act is repealed.

RSN1990 cP-47 as amended

59.Section 21 of the Public Utilities Act is repealed and the following substituted:

of leave of absence, including annual leave, sick leave, special leave with pay and special leave without pay, respecting

(c) members of the board; or

(d) employees of the board or a class of them.

RSN1990 cQ-1

60.(1) Paragraph 7(1)(b) of the Quarry Materials Act is amended by striking out the phrase "Lieutenant-Governor in Council may order" and substituting the phrase "minister may prescribe".

(2) Paragraph 12(a) of the Act is repealed and the following substituted:

(a) prescribing the information that may be required for applications;

(3) Paragraph 12(e) of the Act is amended by striking out the word and comma "fee,".

(4) Paragraph 12(f) of the Act is amended by striking out the words "form and".

(5) The Act is amended by inserting immediately after section 12 the following:

Fees and forms

12.1 The minister may set fees and prescribe forms for the purpose and administration of this Act.

RSN1990 cR-1

61.(1) Subsections 5(1) and (2) of the Radiation Health and Safety Act are amended by striking out the word "regulations" wherever it occurs and substituting the word "minister".

(2) Paragraphs 13(a) and (e) of the Act are repealed.

(3) Paragraph 13(m) of the Act is repealed and the following substituted:

(m) designating the persons by whom fees are to be paid;

(4) The Act is amended by adding immediately after section 13 the following:

Fees and forms

13.1 The minister may set fees and prescribe forms for the purpose and administration of this Act.

SN1996 cR-10.1

62.(1) Subsection 35(5) of the Regulatory Reform Act is amended by striking out the paragraph reference "(f)" and substituting the paragraph reference "(e)".

(2) Subsection 82(7) of the Act is amended by striking out the subsection reference "(2)" and substituting the subsection reference "(3)".

(3) This section is considered to have come into force on June 18, 1996.

RSN1990 cR-14 as amended

63.(1) Subsection 4(3) of the Residential Tenancies Act is amended by striking out the word "or" where it last occurs and substituting the word "of".

(2) Subsection (1) is considered to have come into force on June 18, 1996.

RSN1990 cR-15 as amended

64.(1) The Retail Sales Tax Act is amended by adding immediately after section 51 the following:

Fees

51.1 The minister may prescribe forms for use in the administration of this Act.

(2) Subsection 52(1) of the Act is amended by

(a) striking out the words "forms and" in paragraph (a);

(b) repealing paragraph (b); and

(c) striking out the word and comma "forms," in paragraph (o).

(3) Paragraph 103(a) of the Act is amended by striking out the word and comma "form,".

RSN1990 cS-13 as amended

65.Subsection 141(3) of the Securities Act is repealed.

SN1991 c39 as amended

66.(1) Section 20 of the Sheriffs Act, 1991 is amended by adding immediately after paragraph (b), the word "and" and by repealing paragraph (c).

(2) The Act is amended by adding immediately after section 20 the following:

Fees

20.1 The minister may set the scale of fees to be taken by the sheriff, sub-sheriffs, deputy sheriffs, bailiffs or process servers.

RSN1990 cS-16 as amended

67.(1) Subsection 6(2) of the Small Claims Act is amended by striking out the word "rule" and substituting the word "rules".

(2) Section 7 of the Act is amended by adding immediately after subsection (2) the following:

(3) The rules committee may set a scale of fees to be taken by the clerks of the court for filing documents under this Act.

(3) Section 8 of the Act is repealed and the following substituted:

Fees

8. Fees collected for the filing of documents under this Act from January 1, 1993 until December 31, 1996 are considered to have been collected in accordance with this Act.

(4) Subsections (2) and (3) are considered to have come into force on January 1, 1997.

SN1992 cS-18.1 as amended

68.(1) The Social Workers Association Act is amended by adding immediately after paragraph 12(1)(c) the word "and" and by repealing paragraph 12(1)(d).

(2) Subsection 13(2) of the Act is amended by striking out the words "fixed according to the regulations or by-laws" and substituting the words "prescribed by the board".

(3) The Act is amended by adding immediately after section 13 the following:

Fees and forms

13.1 The board may set fees and prescribe forms for the purpose and administration of this Act.

(4) Subsection 19(1) of the Act is amended by striking out the words "provided by the regulations" and substituting the words "prescribed by the board".

RSN1990 cS-19 as amended

69.(1) Subsections 4(1), 11(3), 14(1) and (2), 15(3) and 23(3) of the Solemnization of Marriage Act are amended by striking out the word "regulations" wherever it occurs and substituting the word "minister".

(2) Section 16 of the Act is repealed and the following substituted:

Fees

16. The fee payable upon the issue of a licence shall, unless the fee is waived by the minister, be the fee prescribed by the minister.

(3) Paragraph 29(1)(a) of the Act is repealed and the following substituted:

(a) prescribing the statements and other information to be set out in forms, providing for the use of those forms and requiring that the information in a specified form be verified by affidavit;

(4) Paragraph 29(1)(c) of the Act is repealed.

(5) The Act is amended by adding immediately after section 29 the following:

Fees and forms

29.1 The minister may set fees and prescribe forms for the purpose and administration of this Act.

SN1995 cS-29.1

70.(1) Section 3 of the Subordinate Legislation Revision and Consolidation Act is amended by striking out the date "December 31, 1995" and substituting the date "June 30, 1996".

(2) Section 4 of the Act is amended by adding immediately after subsection (3) the following:

(4) An order made by the Lieutenant-Governor in Council under subsection (3) shall be considered to have taken effect on June 30, 1996 notwithstanding that the order may have been made or published in the Gazette after that date.

(3) Section 7 of the Act is amended by renumbering it as subsection (1) and by adding immediately after subsection (1) the following:

(2) Where subordinate legislation that was not included in a order made under subsection (1) is re-enacted under this Act and published in the Gazette after June 30, 1996, and the subordinate legislation as re-enacted is substantially similar to subordinate legislation in force on June 30, 1996, that subordinate legislation shall be considered to have come into force on that date.

(3) Where subordinate legislation that is included in an order made under subsection (1) is re-enacted under this Act and published in the Gazette after December 31, 1996, and the subordinate legislation as re-enacted is substantially similar to subordinate legislation in force on December 31, 1996, that subordinate legislation shall be considered to have come into force on that date.

(4) The Act is further amended by adding immediately after section 10 the following:

Effect of amendments to regulations

11. (1) Where by virtue of subordinate legislation made between January 1, 1996 and December 31, 1996 subordinate legislation in force on December 31, 1995 is repealed, amended or otherwise referred to, the repeal, amendment or reference shall be held to be a repeal, amendment or reference of or to the provisions of the Consolidated Regulations of Newfoundland, 1996 having the same effect as the provisions of the subordinate legislation in force on December 31, 1995.

(2) Subsection (1) is considered to have come into force of December 31, 1995.

(5) Subsection (1) is considered to have come into force on December 21, 1995.

SN1996 cT-0.01

71.Section 6 of Annex A of the Tax Agreement Act is amended by striking out "t°" in the numerator of the second part of Formula D and substituting "t".

SN1991 c17 as amended

72.(1) Paragraph 2(1)(k) of the Teachers Pensions Act is repealed and the following substituted:

(k) "prescribed" means, except where the context otherwise requires, prescribed by a directive of the minister;

(2) Paragraph 4(b) of the Act is repealed and the following substituted:

(b) is excluded from this Act by a directive of the minister.

(3) Section 5 of the Act is amended by striking out the words "and the regulations".

(4) Paragraph 8(1)(a) of the Act is amended by striking out the words "or the regulations" and substituting the words "or a directive of the minister".

(5) Subsection 36(4) of the Act is repealed and the following substituted:

(4) Where the court orders a division of a pension earned during the marriage or a marriage contract or separation agreement provides for the division of a pension earned during the marriage, the division of the pension shall be made as prescribed under this Act.

(6) Section 42 of the Act is repealed and the following substituted:

Ministerial directive

42. The minister may issue directives for the purpose of this Act.

RSN1990 cT-5 as amended

73.(1) Subsection 4(2) of the Tobacco Tax Act is amended by striking out the words "form and".

(2) Subsection 4(4) of the Act is repealed and the following substituted:

(4) An application for a permit under this section shall be made in the manner prescribed by the minister and shall be in the form and accompanied by the fee prescribed by the minister.

(3) Subsection 45(1) of the Act is amended by

(a) repealing paragraph (j) and substituting the following:

(j) prescribing the date before which applications for wholesalers licences may be made and the conditions which may be attached to those licences; and

(b) striking out the words "fee and the form and" in paragraph (s.1).

(4) The Act is amended by adding immediately after section 45 the following:

Fees and forms

45.1 The minister may set fees and prescribe forms for the purpose and administration of this Act.

SN1991 c19 as amended

74.(1) Paragraph 2(c) of the Uniformed Services Pensions Act, 1991 is amended by striking out the words "by the regulations" and substituting the words "by a directive of the minister".

(2) Paragraph 2(o) of the Act is repealed and the following substituted:

(o) "prescribed" means, except where the context otherwise requires, prescribed by a directive of the minister;

(3) Paragraph 3(2)(a) of the Act is repealed and the following substituted:

(a) is excluded from this Act by a directive of the minister;

(4) Section 4 of the Act is amended by striking out the words "and the regulations".

(5) Subsection 6(4) of the Act is repealed and the following substituted:

(4) There may be prescribed a greater or lesser amount to be deducted from the salary of every employee under subsection (3).

(6) Paragraph 7(1)(c) of the Act is repealed and the following substituted:

(c) a greater or lesser amount that may be prescribed.

(7) Subsection 30(4) of the Act is repealed and the following substituted:

(4) Where the court orders a division of a pension earned during the marriage or a marriage contract or separation agreement provides for the division of a pension earned during the marriage, the division of the pension shall be made as prescribed under this Act.

(8) The Act is further amended by adding immediately after section 40 the following:

Ministerial directive

40.1 The minister may issue directives for the purpose of this Act.

RSN1990 cU-7 as amended

75.The second subsection (2) of section 17 of the Urban and Rural Planning Act is amended by renumbering it as subsection "(3)".

RSN1990 cV-4

76.(1) Paragraphs 20(d) and (k) of the Veterinary Medical Act are repealed.

(2) The Act is amended by adding immediately after section 20 the following:

Fees and forms

20.1 The board may set fees and prescribe forms for the purpose and administration of this Act.

(3) Sections 21 and 22 of the Act are amended by striking out the word "regulations" wherever it occurs and substituting the word "board".

(4) Section 41 of the Act is amended by adding immediately before the word "fixed" the words "prescribed by the board or".

(5) Paragraph 43(1)(j) of the Act is amended by striking out the words "fees and".

(6) Subsection 44(1) of the Act is amended by striking out the word "by-law" and substituting the words "the board".

(7) Section 53 of the Act is repealed.

(8) Section 59 of the Act is amended by striking out the words "by by-law determine" and substituting the word "prescribe".

(9) Subsection (7) shall be considered to have come into force on April 1, 1996.

RSN1990 cW-8 as amended

77.(1) Paragraph 7(1)(b) of the Wild Life Act is repealed and the following substituted:

(b) to provide for the issue of licences or permits to fish for, take or kill a fish and for the issue of badges to be worn by the holders of those licences or permits and in the regulations provision may be made for the issue of those licences or permits with general application throughout the province or for the issue of different kinds of licenses or permits in different areas of the province, and of the restriction to a prescribed quota of those licences or permits issued in respect of specified areas of the province, and where the issue of licences or permits with respect to a specified area of the province is restricted to a prescribed quota, provision may be made for the issue of a prescribed percentage of that quota to a specified class of persons;

(2) Paragraph 7(1)(c) of the Act is amended by striking out the semicolon immediately before the phrase and the phrase "and for the fees to be paid for them;".

(3) Paragraph 7(1)(q) of the Act is repealed and the following substituted:

(q) to control and regulate the conduct of and the issue of licences to guides and other paid helpers and to regulate the issue of badges to and wearing and production of the badges by the holders of those licences;

(4) The Act is amended by adding immediately after section 7 the following:

Fees

7.1 The minister may set fees for the purpose of this Act.

Commencement

78.The amendments contained in sections 26, 41, 43, 58, 72 and 74 are considered to have come into force on June 18, 1996.